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Custody
A person having custody of a child exercises exclusive parental authority and responsibility over the child’s physical provisions, moral and emotional health, medical treatment, discipline, religion, property, control, and place of residence.
8,869 Questions
How much is a child advocates pay?
Salary ranges are commensurate with experience. CAA work within state superior court jurisdictions as prosecutors or ADA's. Average yearly salary ranges for a T-18 is $55,000 to $72,000. Defense attorneys for minors work in the field of family law and have a wide salary range depending upon if they are in private practice, law firm associates or work for a nonprofit agency of some sort.
What rights does a non custodial parent have if there is no court order?
It depends on marital status. If married, parents have equal parental rights. If unmarried, the mother has custody and the father must establish his paternity legally. Once established he can request joint custody and visitations.
How can you get free legal advice about child custody case?
I have heard that avvo.com is good for other issues, try them.
I suggest that you contact your State's child support agency. When you get an interview with them, bring all the papers relating to your child support: birth certificates, acknowledgments of paternity, court orders, payment records, etc. Be polite but persistent. Good luck!
Can you give the state back custody of a adoptive child?
yes, you can in most states you can contact state agency and say you would like to give up custody of your child either permenantly or temporarily but you would probably have to follow a case plan of some sort to get custody back
This is a very complicated matter and the best option is to consult with an attorney qualified in family/civil law. Any adult who wishes to obtain guardianship over another adult must file a petition with the probate court in the state and county where the named person resides. In almost every US state the person seeking guardianship must obtain legal representation and in every uS state the adult named in the guardianship and/or conservator position will be appointed a Guardian Ad Litem by the court. The named adult can contest the action through his or her GAL or can dismiss the GAL and hire private counsel if they so desire. Obtaining guardianship and/or conservatorship (not always the same action or the same person appointed for both) can be lengthy, complexed and expensive.
In Illinois at what age can a child refuse to visit the non custodial parent?
causing mental anquish and being afraid of being physically hurt doesn't mean these things have happened. If there is phyical harm and mental anquish, have a Court determine such from medical reports, school counselors and the like. You can take the other party back to Court with such evidence and modify the custody arrangement. Just make sure all complaints are valid and backed up with reports from the doctors, counselor's, school teachers, and the like first. Unless you have such evidence, your word will not be enough. Remember also, relatives and friends make bad witnesses.
Can grandmother be granted custody without fathers consent?
I was. Thank god, my bio-father is an abuser but my bio-mom (now my sister) didn't tell him when she let my grandparents adopt me. I don't think it's legal unless his name isn't on the birth certificate.
How do you emancipate a 17-year-old rebellious child?
With your permission your child can do just about anything he wishes. However, you will have a legal responsibility to care for him if he needs it. If your state has early emancipation laws, then you could petition the court, and with your permission, and provided that he is capable of fully supporting himself, emancipation would likely be granted. Unless he's been in trouble with the law, which is generally an indication to the court that the child is in need of supervision. If emancipation is granted by the court then you would no longer have any responsibility for the child. Just be aware that I'm speaking in general terms here, because you did not advise which state you live in. You need to check the laws of your state.
How old do you have to be to decide which parent you want to live with in united kingdom?
There is a law that says when a child is 14 years old, the judge "shall consider" the desires of the child in custody cases, but the law does not say the judge shall do what the child wants. There is a world of difference between considering someone's wishes and granting those wishes.There are many reasons why judges do not automatically accept children's wishes about custody. Here are just some of them:
(1) Children can choose to live with the parent who has promised them inappropriate benefits, a new car, or no curfew for example.
(2) Children can choose to live with the parent they feel needs them. That puts the child into a parental role which is harmful. It is the parents' job to take care of the children, not vice versa.
(3) Children can choose to live with the parent they hardly know because they have a "fairytale" expectation about how wonderful that parent will be. That fantasy seldom turns into reality.
(4) Children can choose to live with the parent who has more money. If courts approved such a decision, materialism would become even worse than it already is. The law promotes the goal of putting money where the children are, not putting children where the money is.
In making custody decisions, judges consider the parents' wishes and consider the children's wishes. But every one should know that 14-year-olds do not make custody decision!
Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is required to abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under not legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody.
Who has the rights of ownership of your father's ashes and is it his daughter or his mother?
If the mother and father were married at the time of her death, then the father has the rights to the ashes, and will have that right for as long as he lives. The exception to that would be if the mother left a will requesting that her ashes be left to the daughter (or someone else).
What is the legal age of a child to make their own decision on custody rights in texas?
You are considered an adult in the state of Texas at age 17.
How do you expose narcissism in court during a custody battle?
The following are suggestions from contributors:
Here are a few of the things the narcissist finds devastating, especially in a court of law, for instance during a deposition:
- Any statement or fact, which seems to contradict his inflated perception of his grandiose self.
- Any criticism, disagreement, exposure of fake achievements, belittling of "talents and skills" which the narcissist fantasizes that he possesses, any hint that he is subordinated, subjugated, controlled, owned or dependent upon a third party.
- Any description of the narcissist as average and common, indistinguishable from many others.
- Any hint that the narcissist is weak, needy, dependent, deficient, slow, not intelligent, naive, gullible, susceptible, not in the know, manipulated, a victim.
The narcissist is likely to react with rage to all these and, in an effort to re-establish his fantastic grandiosity, he is likely to expose facts and stratagems he had no conscious intention of exposing. The narcissist reacts with narcissistic rage, hatred, aggression, or violence to an infringement of what he perceives to be his entitlement. Any insinuation, hint, intimation, or direct declaration that the narcissist is not special at all, that he is average, common, not even sufficiently idiosyncratic to warrant a fleeting interest will inflame the narcissist.
Tell the narcissist that he does not deserve the best treatment, that his needs are not everyone's priority, that he is boring, that his needs can be catered to by an average practitioner (medical doctor, accountant, lawyer, psychiatrist), that he and his motives are transparent and can be easily gauged, that he will do what he is told, that his temper tantrums will not be tolerated, that no special concessions will be made to accommodate his inflated sense of self, that he is subject to court procedures, etc. - and the narcissist will lose control.
Contradict, expose, humiliate, and berate the narcissist. Document every incident completely - behavior, late arrivals, injuries, neglect, threats, rages, etc. This makes it more difficult for them to continue making up more stories to explain away the behavior. We focused on specific behaviors or lack of. Research and then document. Facts and truth are best weapons against a Narcissist.
Is it safe for a 12-year old to be home alone?
yes i mean what are they going to do ther than watch the telly and go on the internet.Watch home alone like how old do you think that guy is.Its not like they are commiting a crime.
How old in Iowa do you have to be to decide which parent to live with?
Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is requiredto abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under not legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody.
Check link below for more info.How many kids do you have to have before you no longer have to pay child support?
No. There is no reason why the government would have to use tax payers money to pay for a couples children because they chose to have so many so they would not have to pay. You have to pay for each and everyone of them.
Can a stepmother parent a child in her husbands absensce?
It depends. Is the stepmother still married to the custodial father and if so does the custodial father have any joint or sole custody? It would have to be decided upon in court. If the stepmother is not with the father anymore and the child wants to live with the stepmother you could try to file for legal guardianship but the parents would need to agree or be proven unfit.
Look for the standard XX county parenting plan online, with XX being the county you reside in. Look at the section regarding Major Decisions. Most states agree all major decisions shall be made by the custodial parent, and that usually includes things like what school to attend, what hair length to allow, what piercings to allow, etc.
Can a non custodial parent sign for her 17 year old son to be married legally?
Without Joint Physical Rights to the child, no. Also, in many states, the in person authorization is required by both parents.
Can a father ask for receipts expense report of child support?
Usually the obligated parent cannot legally demand an accounting of how child support monies are spent. The rare exception, is, if the non custodial parent requests and receives an investigation from child protective/support services and that investigation shows that the child or children are experiencing neglect due to the misuse of child support funds.
When a parent and child have a joint checking and the parent dies does the child receive the money?
Depends how the account was set up (Joint Tentancy with Survivorship Rights, Grantors Trust, under the UGMA, etc.) The generic answer is no, it would not be treated as income. The money in the account would be included in the decedants estate and be distributed through either Trust or Probate as a qualifying gift.
Can parental rights be taken away for lack of visiting the child?
It is possible.
An absent parent with visitation rights who never visits with the child may lose those rights and the court may eventually allow a legal adoption by a step parent.
If your children are in foster care, and you have a case plan (to get them back), and fail to meet the requirements of your case plan by repeatedly missing visits, you may find your parental rights terminated.
The father is denying mother court ordered visitation. What can she do?
Court orders must be followed until they can be modified by returning to court and placing the issue before the judge.
Generally, a child is not free to decide not to visit until they reach eighteen years of age.A custodial parent who doesn't honor the standing visitation order is in contempt of a court order and the court can order a modification of the custody order if the contempt continues. A child cannot refuse to visit the other parent until they reach eighteen years of age in virtually every state in the United States.
When a child refuses to visit the other parent the primary custodial parent must first take steps to determine the cause of the refusal. A professional may be of help at this time. The child may have legitimate reasons and once identified both parents must work together to address the problem. The non-custodial parent may need some advice on how to spend quality time with the child so the child feels both welcome and comfortable in the non-custodial parent's new environment.
This is a common mistake made by non-custodial parents. The child misses them and looks forward to spending time with them but that time comes and there is a stranger present. The child's comfort level plunges. Being forced to spend visitations with people other than the parent is not a good idea until the child has had a chance to adjust to the new family dynamics between the child and the parents. The dynamics of coping with the father's new partner should come much later.
Uncomfortable sleeping arrangements can make a child reluctant to go for visits. If there are other children in the picture (belonging to the non-custodial parent's new partner) they should be allowed to develop a relationship gradually. A common problem arises for the child whose non-custodial parent makes no special notice of the child during visits and expects the child to spend their time with those other children as part of a new "family unit". In those situations the child has lost a special parent-child connection with the non-custodial parent. The option of spending some private quality time with their parent should always be an option.
If the child's concerns are serious and the non-custodial parent will not cooperate, the custodial parent may need to return to court for a modification of the visitation order. On the other hand, when the situation is evaluated by the court it may find that parent alienation is at the root of the difficulties and if serious, the custodial parent may well lose physical custody to the other parent. Alienating a child against the other parent causes irreparable and long lasting harm.
In Missouri what age can a child opt out of visitation with the noncustodial parent?
This is an issue that's frequently brought up, along with the right to choose what parent they wish to live with.
This issue particularly arises as children enter their teen years. They don't want to be required to spend time with a parent, either parent. They think of themselves as almost adults, and thus can make their own decisions.
The main issue here is not their right in choosing to spend time with the other parent, but their right to ignore and dishonor the authority of the family court. One has to wonder how many males that ignore child support orders were raised to believe it okay to ignore any family court orders, which includes the visitation orders?
If a child, whether by choice or through the influence of a primary parent, doesn't wish to spend time with the other parent, this issue has to be first brought before the court for consideration. The child can explain to the judge, outside the presence of either parent, why they feel it's in their own best interest as to why they no longer have a need for the parental influence of the separated parent?
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What happens when you dont pay your court ordered child support?
At the request of the custodial parent or to recover assistance provided, the State may take various actions to collect past-due support, including garnishing wages, intercepting tax refunds and other government payments, placing liens on bank accounts, real estate and other assets, requesting suspension of drivers license, and/or asking the courts to put the obligor in jail for contempt.
By picking Senators and Congress members who will agree to change a federal on the peoples behalf. If the Senators and Congress members you have don't want to change something on your behalf then vote for someone else who will next time.
Voting, petitioning and writing letters to Congress are all plausible ideas. Lobbying will work as well. However, if you want to be directly influential, I suggest running for political office yourself. Definitely time consuming and expensive, though. Another option is organizing through today's social networks, staging acts of civil dis-obedience, rallying with peaceful demonstrations. If those options fail . . . RIOT!
